_____-cases where defendants give up their right to a jury trial, prosecutors have to prove guilt to the trial judge. (p. 30)

reasonable doubt—

______-"the proof that prevents one from being convinced of the defendant's guilt, or the belief that there is a real possibility that the defendant is not guilty" (Black's Law Dictionary 2004, 1293) (p. 29)

proof beyond a reasonable doubt—

______ the highest standard of proof known to the law (p. 29)

burden of proof—

______ the responsibility of proving the criminal act and intent (p. 29)

presumption of innocence—

_____- the prosecution has the burden of proof when it comes to proving the criminal act and intent (p. 29)

fixed (determinate sentences)—

______- the sentence depends on the criminal harm suffered by the victim, not the rehabilitation of the offender (p. 29)

_____- aims to prevent future crimes by changing individual offenders so they'll want to play by the rules and won't commit any more crimes in the future (p. 24)

incapacitation (and criminal punishment)—

______-prevents convicted criminals from committing future crimes by locking them up, or more rarely, by altering them surgically or executing them (p. 24)

special deterrence (and criminal punishment)—

______-aims, by punishing already convicted offenders, to prevent them from committing any more crimes in the future (p. 24)

general deterrence (and criminal punishment)—

______-aims, by threat of punishment to deter criminal behavior in the general population (p.24)

prevention(and criminal punishment)—

_____-punishing offenders to prevent crimes in the future (p. 22)

retribution(and criminal punishment)—

____-punishment based on just deserts (p. 22)

criminal punishment—

_____-penalties that meet the following four criteria: 1. They have to inflict pain or other unpleasant consequences; 2. They have to prescribe a punishment in the same law that defines the crime 3. They have to be administered intentionally; and 4. The state has to administer them. (p. 22)

punishment—

_____-intentionally inflicting pain or other unpleasant consequences on another person (p. 21)

rates of imprisonment—

______ the numbers of prisoners per 100,000 people in the general population (p. 20)

federal system—

_____-52 criminal codes, one for each of the 50 states, one for the District of Columbia, and the U.S. Criminal Code (p. 19)

administrative crimes—

______- violations of state and federal rules made by administrative agencies. (p. 19)

1.) The names of the parties are given first. 2.) The first number (319) is the volume number. 3.) The abbreviation (N.W. 2d) is the set of books or reporters. 4.)The second number (459) is the page in that volume where that opinion begins.5.) Finally, the last number (1982) is the date the opinion was handed down.

An example of a citation would be State v. Metzger, 319 N.W. 2d 459 (Neb. 1982). :::::::

true

There are a variety of publications and reporters for different jurisdictions. Some citations will also indicate the particular court that handed down the opinion in the same parentheses as the date.

Abuse-of-discretion standard—

_____-"failure to exercise sound, reasonable, and legal decision making; and appellate court's standard for reviewing a decision that is asserted to be grossly unsound, unreasonable, illegal, or unsupported by the evidence." (p. 75)

Apprendi rule—

_____-other than the fact of prior conviction, any fact that increases the penalty for a crime beyond the prescribed statutory maximum must be submitted to a jury, and proved beyond a reasonable doubt (p. 72)

sentencing guidelines—

_____-sentencing scheme in which a commission establishes a narrow range of penalties and judges are supposed to choose a specific sentence within that range (p. 70)

fixed (also called determinate) sentencing—

______=sentencing scheme which fixes or determines sentence length according to the seriousness of the crime (p. 70)

mandatory minimum sentences—

______-laws requiring judges to impose a non discretionary minimum amount of prison time that all offenders have to serve (p. 67)

three-strikes-and-you're-out laws—

______-laws that are supposed to make sure that offenders who are convicted of a third felony get locked up for a very long time (p. 67)

principle of proportionality—

______-a principle of law stating that the punishment must be proportional to the crime committed (p. 60)

cruel and unusual punishment—"

______-barbaric" punishments and punishments that are disproportionate to the crime committed (p. 60)

barbaric punishments—

______-punishment considered no longer acceptable (p. 59)

Second Amendment—

_______-A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. U.S. Constitution, Amendment II (p. 56)

fundamental right to privacy

_______—a right that bans "all governmental invasions of the sanctity of a man's home and the privacies of life" (p. 52)

bench trial—

______-trial without a jury (p. 49)

expressive conduct (in First Amendment)—

________-actions that communicate ideas and feelings (p. 47)

equal protection of the laws—

_________-the 14th Amendment includes a clause which requires states to provide citizens with equal protection. This has been interpreted by the courts to mean that state agents (and laws) cannot make arbitrary, irrational distinctions between people. Differential of people are permitted, but this differential treatment must not be based on race, religion, or gender. (p. 46)

fair notice (in void-for-vagueness doctrine)—"

______-Would an ordinary, reasonable person know that what he was doing was criminal?" (p. 42)

void-for-overbreadth doctrine—

_____-the principle that a statute is unconstitutional if it includes in its definition of undesirable behavior conduct protected under the U.S. Constitution (p. 48)

void-for-vagueness doctrine—

_____-the principle that statutes violate due process if they don't clearly define crime and punishment in advance (p. 42)

ex post facto law—

_____-a law passed after the occurrence of the conduct constituting the crime (p. 41)

rule of law—

_____-the law is above everyone and it applies to everyone (p. 40)

constitutional democracy—

_____-a democracy in which the majority can't make a crime out of what the Constitution protects as a fundamental right (p. 40)

Constitutional

The United States is a _____ democracy.

. The principle of legality

_____ means that no one can be convicted of, or punished for, a crime unless the law defined the crime and prescribed the punishment before they engaged in the behavior that was defined as a crime.

hughes v. state

Court said that the definition of a human life includes a viable human fetus.Whether or nor the fetus is born alive, an unborn fetus that is viable at the time of injury is a human being which may be the victim of a homicide. (Oklahoma)

1.), knowing what the law commands provides individuals with the opportunity to obey the law and avoid punishment. 2.) providing individuals with this opportunity promotes the value of human autonomy and dignity.3.) the ban on retroactive criminal lawmaking also prevents officials from punishing conduct they think is wrong but which no existing criminal law prohibits.

The purpose of banning ex post facto and vague criminal statutes is that they undermine the central values of free societies::::

the Fifth Amendment and the Fourteenth Amendment

The U.S. Supreme Court has ruled that vague laws violate the guarantees of two provisions in the U.S. Constitution:.

1.) void laws fail to give fair warning to individuals as to what the law prohibits. 2.) they allow arbitrary and discriminatory criminal justice administration.

The void-for-vagueness doctrine addresses two evils:

true

Whether the emphasis is on notice to individuals or control of officials, the void-for-vagueness doctrine can never cure the uncertainty in all laws

whether the language may apply not only to a particular act about which there can be little or no difference of opinion, but equally to other acts about which there may be radical differences

The test to determine whether a statute defining an offense is void for uncertainty is :::::,

conjecture

. The dividing line between what is lawful and what is unlawful cannot be left to _____.

Equal protection is far more frequently an issue in criminal procedure than it is in criminal law; we'll note briefly here the limits it puts on criminal lawmaking and punishment.

In addition to the due process guarantee, the Fourteenth Amendment to the U.S. Constitution commands that "no state shall deny to any person within its jurisdiction the equal protection of the laws.":::::::::

1.) is the ban on making a crime out of the First Amendment rights to speech, religion, and associations; 2.)the other is criminalizing behavior protected by the right to privacy created by the U.S. Supreme Court.

The Bill of Rights bans defining certain kinds of behavior as criminal::::::.

The Court has ruled that free speech is a fundamental right, one that enjoys preferred status.

(Gitlow v. New York). ::::::

obscenityprofanitylibel and slanderfighting words and clear and present danger.

According to the Supreme Court, there are five categories of expression not protected by the First Amendment:

invalidating laws so broadly written that the fear of prosecution creates a "chilling effect" that discourages people from exercising that freedom.

The void-for-overbreadth doctrine protects speech guaranteed by the first amendment by :::::

(Griswold v. Connecticut 1965, 484).

The U.S. Supreme Court has decided there is a constitutional right to privacy, a right that bans "all governmental invasions of the sanctity of a man's home and the privacies of life" ::::

fundamental right

Not only is privacy a constitutional right, it's a _____ that requires the government to prove that a compelling interest justifies invading it.

First, Third, Fourth, Ninth, Fifth and Fourteenth. This cluster of amendments sends the implied but strong message that we have the right to be let alone by the government.

According to the Court (Griswold v. Connecticut 1965), the fundamental right to privacy originates in six amendments to the U.S. Constitution:

instantaneous and painless and can't involve unnecessary mutilation of the body. Punishments must also be proportional - the punishment must fit the crime.

According to the Supreme Court, for a punishment not to be "cruel" it must be :::::

proportionality principle applies

A majority of the U.S. Supreme Court has consistently agreed that the ______to death penalty cases

true

as the Court puts it, "death is different." There are numerous capital crimes where no one is killed; they include treason, espionage, kidnapping, aircraft hijacking, large-scale drug trafficking, train wrecking, and perjury that leads to someone's execution (Liptak 2003)

1. Addresses laws that fail to give fair warning to individuals as to what the law prohibits2. Addresses laws that allow arbitrary and discriminatory criminal justice administration

The Aims of the Void-for-Vagueness Doctrine are:

(Texas v. Johnson 1989, 404).

The Court has expanded the meaning of "speech" by holding that the protection of the amendment "does not end with the spoken or written word"

Griswold v. Connecticut (1965),

In ______the Court concluded that the fundamental right to privacy originates in six amendments to the U.S. Constitution: the First, Third, Fourth, Ninth, Fifth, and Fourteenth Amendments.

The Right to Bear ArmsDistrict of Columbia v. Heller (2008)

In _________the Court stated that the core of the Second Amendment is "the right of law-abiding, responsible citizens to use arms in defense of hearth and home" (2821).

true

;.. The consensus that the ban on cruel and unusual punishment includes a proportionality requirement in capital punishment does not extend to prison sentences.

1.) They addressed the public's dissatisfaction with the criminal justice system. 2.) They promised a simple solution to a complex problem—the "panacea phenomenon." 3.) The use of the catchy phrase "three strikes and you're out" was appealing

). Three-strikes laws are popular for three reasons.

non discretionary minimum

Mandatory minimum sentencing laws require judges to impose a _____amount of prison time that all offenders have to serve

true

Mandatory minimum sentences are the more rigid form of the broad scheme of determinate sentencing. This scheme, which fixes or determines sentence length according to the seriousness of the crime, places sentencing authority in legislatures.

true

Mandatory minimum sentences are the more rigid form of the broad scheme of determinate sentencing.

______the "state of mind" the prosecution has to prove beyond a reasonable doubt; criminal intent from an evil mind; the mental element in crime, including purpose, knowledge, recklessness, and negligence (p. 82)

mens rea:, courts and legislatures have used so many vague and incomplete definitions of the mental element

true

, mens rea consists of several mental attitudes that range across a broad spectrum, from purposely committing a crime you're totally aware is criminal to merely creating risks of criminal conduct or causing criminal harms that you're not the slightest bit aware you're creating.

Confessions

______ are the only direct evidence of mental attitude. Because confessions by defendants regarding their intentions are rare, proof of state of mind usually depends on circumstantial evidence.

subjective fault objective fault.

Two kinds of fault satisfy the mental element in criminal liability:

strict liability

A third kind of fault is _____.

usually means the intent to commit the criminal act as defined in a statute

General intent _________

the intent to commit the actus reus of the crime, and some "special mental element" in addition to the intent to commit the criminal act.

. Specific intent is most commonly defined as _______

purposely, knowingly, recklessly, negligently

From most to least blameworthy, the Model Penal Code's four mental states are:

true

. Purposely means what we mean by the everyday expression, "You did it on purpose."

true

In recklessness, it's awareness of the risk of causing a criminal result, whereas in knowingly it's awareness of causing the result itself. .

true

Recklessness is about consciously creating risks; negligence is about unconsciously (unreasonably) creating risks

true

Knowingly means being aware.

voluntary criminal act that caused harm

In strict liability cases, the prosecution has to prove only that defendants committed a _______

true

The penalty for strict liability offenses is almost always mild.

The principle of concurrence

_______ means that some mental fault has to trigger the criminal act in conduct crimes and the cause in bad-result crimes.

concurrence requirement.

All crimes, except strict liability offenses, are subject to the ________

true

Causation is about holding an actor accountable for the results of her conduct. Causation only applies to bad-result crimes

Factual cause

_____ is an empirical question of fact that asks whether an actor's conduct triggered a series of events that ended in causing death, or other bodily harm; damage to property; or destruction of property. "But for" cause means, if it weren't for an actor's conduct, the result wouldn't have occurred.

1.) It asks, "Is it fair to blame the defendant for the harm triggered by a chain of events her action(s) set in motion?"2.) If the harm is accidental enough or far enough removed from the defendant's triggering act, there's a reasonable doubt about the justice of blaming the defendant, 3.) and there's no proximate cause

Legal (proximate) cause is a subjective question of fairness that appeals to the jury's sense of justice:

Intervening cause

. _____ is a fact in addition to the proximate cause which contributed to a crime.

______mistake defense where defendants present some evidence that the mistake raises a reasonable doubt about the formation of a mental element required for criminal liability. (p. 128)

affirmative defenses ,,,,preponderance of the evidence

Most justifications and excuses are ______which require defendants to produce credible evidence. They also require the defendant to prove the defense by a ______.

acquittal ,,,,,insanity

. Successful perfect defenses result in ____except for the excuse of _____

true

Imperfect defenses result in the defendant being guilty of a less offense.

exceptions

All the justification defenses are_____ to the rule of law. They allow individuals to take the law into their own hands. According to the rule of law, the government has a monopoly on the use of force. Use of force by individuals must be justified by law.

concession to necessity and is only justified when the force is reasonably and immediately necessary for defense.

Self-defense is a ________

the necessity is unprovoked and the attack involves threatened death or serious bodily injury.

Deadly force is justified only when________

true

, a person is not required to retreat from or in their own home before using deadly force.

The right to defend others

______ includes everyone from close family members to any stranger who needs immediate protection from attack. The same rules apply as in self-defense.

criminal conduct—

_____a criminal act and criminal intent (p. 135)

justification defenses—

______defendants admit they were responsible for their acts but claim what they did was right (justified) under the circumstances (p.136)

excuses defenses—

_____defendants admit what they did was wrong but claim that, under the circumstances, they weren't responsible for what they did (p. 136)

affirmative defense—

_____defense in which the defendant bears the burden of production (p. 136)

burden of production—

_____the responsibility to introduce initial evidence to support a defense (p. 136)

burden of persuasion—

_____the responsibility to convince the fact finder of the truth of the defense (p. 136)

preponderance of the evidence—

_____more than 50 percent of the evidence proves justification or excuse (p. 136)

perfect defense—

_____defense that leads to outright acquittal (p. 136)

imperfect defense—

_____defense that reduces, but does not eliminate, criminal liability (p. 137)

necessity—

_____general principle of an honest and reasonable belief that it's necessary to commit a lesser crime (evil) to prevent the imminent danger of a greater crime (evil) (p. 143)

initial aggressor—

_____ someone who provokes an attack (p. 138)

withdrawal exception—

_____if initial aggressors completely withdraw from fights they provoke, they can claim the defense of self-defense (p. 138)

imminent danger of attack—

_____element in self-defense that injury or death is going to happen right now (p. 138)

stand-your-ground rule—

_____if you didn't start the fight, you can stand your ground and kill (p. 143)

retreat rule—

____you have to retreat but only if you reasonably believe that backing off won't unreasonably put you in danger of death or serious bodily harm (p. 143)

castle exception—

______exception to the retreat doctrine allowing you to stand your ground and use deadly force to fend off an unprovoked attack, but only if you reasonably believe the attack threatens death or serious bodily injury (State v. Kennamore 1980, 858) (p. 143)

Florida Personal Protection Law—

______the model for most of the new castle laws (p. 150)

cohabitants—

_____two persons living in the same "castle" (p. 144)

curtilage—

______the area immediately surrounding a dwelling (p. 149)

choice-of-evils defense

______(general principle of necessity)—justifies choosing to commit a lesser crime to avoid the harm of a greater crime (p. 160)

defense of consent—

______a justification defense that says if mentally competent adults want to be crime victims, no paternalistic government should get in their way (p. 166)

voluntary consent—

_____consent that was the product of free will, not of force, threat of force, promise, or trickery (p. 167)